Interim maintenance under the DV Act is determined by the financial capacity of the parties and the needs of the dependent spouse and child.

JUDGMENT

ANISH DAYAL, J.

1. This petition assails orders dated 29th March 2019 (‘Impugned order’) passed by the ASJ (Pilot Court), West District, Tis Hazari Court in Criminal Appeal No. 143/2018 dismissing the appeal and approving the order dated 21st June 2018 passed by the MM (Mahila Court-03), West, Tis Hazari Court. The said order by MM emanated from CC No. 484/2017 in an interim application under Section 23(2) of The Protection of Women from Domestic Violence Act, 2005 (‘DV Act’) by the respondent/wife.

2. By order dated 21st June 2018, the MM had awarded interim maintenance at the rate of Rs.25,000/- per month, each to the respondent/wife and the minor daughter with effect from the date of filing of the application i.e. 5th August 2017; the said order was affirmed by the ASJ and the appeal filed by the petitioner no.1/husband was dismissed.

Factual background

3. The petitioner no.1/husband and the respondent/wife were married on 19th April 2007. Since June 2017, they are living separately. One girl child Kyra born out of the said wedlock on 16th February 2008, has been in the custody of the mother and is presently aged 16 years. Divorce was granted between the parties on 20th December 2022.

4. The said petition under the DV Act was filed in August 2017. When the matter was before this Court, by order dated 12th September 2019, the Trial Court proceedings were stayed subject to deposit of 50% of the arrears of maintenance. Subsequently, the said arrears amounting to Rs.4,75,000/- were deposited by petitioner no.1.

5. On 22nd November 2023, the petitioner no.1/ husband stated in Court that as an ad interim measure, he was ready to pay Rs.25,000/- as maintenance to the respondent/wife and the daughter, commencing from November 2023. Accordingly, the said amount of Rs.25,000/- was paid for 10 months till August 2024 by the petitioner no.1, amounting to a total of Rs.2,50,000/-.

6. Thereafter, by order dated 16th May 2024, the said order of 12th September 2019 was clarified and it was modified to read that instead of ‘Trial Court proceedings’, the impugned order dated 29th March 2019 would remain stayed.

7. When the matter came up before the Court on 16th July 2024, considering facts and circumstances, the petitioner no.1 was directed to pay an amount of Rs.1,00,000/- within 3 days as an ameliorative measure, considering the huge arrears.

8. Considering that the impugned order was stayed, the matter was heard on an urgent basis, considering that both parties submitted that there were various facts and circumstances which would have to be ultimately tried in the Court. Submissions were, however, made by both the counsels on the issue of interim maintenance.

Submissions on behalf of petitioner

9. The thrust by petitioner no.1’s counsel was essentially that till 2017, the petitioner no.1 was bound to expend for himself and his family, including the wife and the daughter, till, as per him, the wife left the matrimonial home.

Counsel for petitioner no.1 submits as follows:

(i) Since 2017, he was paying the school fees of the minor daughter, as also Rs.40,000/- per annum each for the respondent and the minor daughter towards medical insurance (amounting to a total of Rs.6,40,000/- till date).

(ii) He had further been paying the premium of Rs.27,000/- per month since inception until December 2017 towards EMIs for two properties jointly held by the petitioner no.1 and the respondent in Noida.

(iii) Pursuant to the judgment of 21st June 2018 passed by MM, the petitioner no.1 also paid maintenance for 6 months and 10 days amounting to Rs.3,10,000/-.

(iv) As per the petitioner, he had, therefore, paid a total of Rs.18,75,000/- till date and in addition he was paying the insurance premium as noted above.

10. Counsel for the petitioner no.1 stressed on the fact that the petitioner no.1 was employed by the Sahara Group which collapsed in 2015 and, thereafter, he was on a contractual employment in 2017 with a salary of Rs. 1,12,000/- p.m.

11. It was basis t